Legal and Ethical Issues in Healthcare: Law Matrix Assignment UTRGV

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Homework Assignment
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This law matrix assignment explores the legal and ethical issues within the healthcare system. It defines and describes the relationship of common law, statutory law, and administrative law to healthcare, providing examples to illustrate these connections. The assignment also examines the roles of the legislative, executive, and judicial branches of government in shaping healthcare practices and policies, highlighting how each branch influences the provision of health services and the enforcement of medical ethics. The document includes a comprehensive matrix that details these legal concepts and their practical relevance, offering insights into how laws and ethics impact healthcare decision-making and patient care. The assignment is a valuable resource for understanding the interplay between law and ethics in healthcare settings, including implications for patient rights, provider responsibilities, and the overall delivery of medical services.
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Running head: LEGAL AND ETHICAL ISSUES IN HEALTHCARE
1
Legal and Ethical issues in Healthcare
Name
Institution
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LEGAL AND ETHICAL ISSUES IN HEALTHCARE 2
Law Matrix Assignment
Element Definition Description of the relationship
to healthcare
Example Any additional information
of interest
Common law These are laws that are based
on the customs and principles
of a given society and can be
used in courts in decisions of
particular cases not covered by
statutes of law.
According to medical ethics, a
doctor should by no means
abuse the trust that is placed in
him by doing anything
unethically.
Provision of
adequate
information to a
patient before
he/she admits to
undergoing
treatment.
With all this, there might
arise some conflicts
between the doctor’s
profession and customs and
this excuses from providing
treatment they could
presume unethically.
Statutory law It is a body of law which is
comprised of laws adopted
from a legislative body.
Where patients body and
integrity are untouched upon,
statutory laws can prevail over
healthcare/medical ethics.
A patient not
attended because
he/she is a
foreigner.
Where a patient is
victimized because home
statutory laws are not in
order with medical ethics,
doctors should persuade
lawmakers to adopt theirs
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LEGAL AND ETHICAL ISSUES IN HEALTHCARE 3
Element Definition Description of the relationship
to healthcare
Example Any additional information
of interest
to the laws of humanity.
Administrative
law
It is a branch of public law that
has its concern in the
procedures, rules, and
regulation of governmental
agencies. It deals with the
decision-making capabilities
of the agencies as they carry
out laws passed by the
legislature (Segal, 2009)
It has practical relevance to
healthcare decision making as
it’s the one that enables judges
review decisions on unlawful
grounds, unfair or even
unreasonable grounds.
Decisions not to
treat a particular
patient or decisions
that unfairly
discriminate
between patients.
It is very much in order for
medical decision-makers to
familiarize themselves with
administrative principles to
avoid litigation. (Pozgar &
Santucci, 2016)
Legislative
Branch
It is a branch of government
which deals with the making
of laws that govern the state.
It determines what services in
the health sector the
government will pay for and
for which members of society.
Ensuring what
health workers
perform what
services.
It influences what can be
done in case of laws
governing the use of illegal
substances.
Executive
Branch
It is a branch of government
which the mandate of putting
It ensures the monitoring of
health centers to see if
The head of state
can allocate funds
It is also the duty of the
executive to issue
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LEGAL AND ETHICAL ISSUES IN HEALTHCARE 4
Element Definition Description of the relationship
to healthcare
Example Any additional information
of interest
laws into effect (American
Nurses Association, 2010).
everything is in place. It is also
the duty of the executive to
finance health department for
proper provision of health
services.
to the health sector
as well as
appointing new
ministers for
health.
regulations in accordance
with the statutes to the
health department.
("Chapter 2: THE
COMMON LAW AND
STATUTORY LAW,"
n.d.)
Judicial
Branch
This is the branch of
government which looks into
it that laws made by the
legislature are abided to
It just works towards
interpreting laws related to
medical ethics/health care
It determines when
a group of doctors
is using illegal
means in providing
services.
Any doctor who works in
opposition to the required
mode of operation is
subjected to law.
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LEGAL AND ETHICAL ISSUES IN HEALTHCARE 5
References
American Nurses Association. (2010). Determinants of who does what in health care. Online journal of issues in nursing, 2(4), 10-
17. doi:10.1007/978-1-4899-6876-0_2http://ojin.nursingworld.org/MainMenuCategories/ANAMarketplace/
ANAPeriodicals/OJIN/TableofContents/Vol21997/No4Dec97/DeterminantsofWhoDoesWhatinHealthCare.html
Chapter 2: THE COMMON LAW AND STATUTORY LAW. (n.d.). American common law and the principle nullum crimen sine
lege. doi:10.1515/9783111546766.71
Pozgar, G. D., & Santucci, N. M. (2016). Legal Aspects of Health Care Administration. Jones & Bartlett Publishers.
Segal, T. (2009, February 8). undergoing Laws Are Unwritten Legal Precedents That Guide Court Decisions. Retrieved from
https://www.investopedia.com/terms/c/common-law.asp
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